Matter of Tevault v Prack

Matter of Tevault v Prack 2015 NY Slip Op 03434 Decided on April 23, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: April 23, 2015
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[*1]In the Matter of RICHARD TEVAULT, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: February 24, 2015
Before: Garry, J.P., Rose, Devine and Clark, JJ.

Richard Tevault, Malone, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), respondent.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary hearing finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional disciplinary record, and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has

received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1215 [2014]).

Garry, J.P., Rose, Devine and Clark, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.